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Lansing City Zoning Code

ARTICLE X

- USE STANDARDS

Sec. 56-288.- Land and building use must conform with zoning regulations.

No building, structure or premises shall be used or occupied, except in conformity with the regulations for the zoning district in which it is located. No building or structure shall be erected, reconstructed, extended, enlarged, altered or moved, except in conformity with the regulations of the zoning district in which it is located.

(Ord. of 5-1-2003, § 10.1)

Sec. 56-289. - Standards for specific uses.

(a)

Agriculture, growing of farm crops. Agriculture and the growing of crops shall be permitted; provided that no offensive odors or dusts are created.

(b)

Community residence, large or small. Small or large community residences shall meet all federal, state and local requirements including, but not limited to, licensing, health, safety and building code requirements. In addition, the following criteria shall be considered.

(1)

The cumulative affect of such uses will not alter the residential character of the neighborhood.

(2)

The facility shall retain a residential, rather than institutional, character.

(3)

The operation of the facility shall not adversely impact surrounding properties.

(c)

Day care homes. Day care homes shall be permitted uses in residential districts; provided they meet any applicable state licensing requirements and village building and fire code regulations.

(d)

Day care homes, group. Group day care homes shall be permitted uses in residential districts; provided they meet any applicable state licensing requirements and village building and fire code regulations.

(e)

Day care centers.

(1)

There is hereby created a locational standard for day care centers to reduce the impact of associated traffic. No day care center shall be permitted to locate closer than 750 feet from an existing day care center. In determining such proximity, the distance shall be not less than 750 feet from property line to property line, or, in the alternative, not less than 750 feet from point of ingress/egress to point of ingress/egress.

(2)

Architectural drawings of the retrofit or new construction will be required with a staff review prior to appearing at the planning and zoning board of appeals hearing. Cost of reviews shall be paid as to cover costs of reviews.

(3)

Architectural drawings of the retrofit or new construction will be required with a staff review prior to appearing at the planning and zoning board of appeals hearing. Cost of reviews shall be paid as to cover costs of reviews.

Each application for a special use for a day care will require submittal of a comprehensive business plan with full description of operations. The business plan shall include financial feasibility for the purchase and/or lease and any retrofit expenses itemized and sources of financing identities. Sources can be letters of credit, financial institution commitments and other such documentation. Other information to be provided will detail the operation with hours, staffing, food provisions, curriculum and other such details of operation. The planning and zoning board of appeals reserves the right to request additional information as to best understand the operation proposed.

A site plan with site accessibility study with car drop off plan allowing for safe drop off and pick up of children with separation of parking and drop off areas. Standards for stacking vehicles will depend on size of the facility but will mimic drive up facility standards.

(f)

Assisted living facilities. Assisted living facilities shall meet all federal, state and local requirements including, but not limited to, licensing, health, safety and building code requirements. In addition, the following criteria shall be considered.

(1)

The provision of adequate on-site drop-off zones, sidewalks and exterior lighting for the safety of residents and other pedestrians.

(2)

The safety of the neighborhood and amount of traffic or noise to be generated.

(3)

The provision of adequate open space.

(4)

The extent to which the design of the building is compatible with the surrounding neighborhood.

(g)

Dwellings, townhouses. In the B1-T and CBD districts, townhouses shall be designed with the front of the units facing the street. In the B1-T and CBD districts, all townhouses shall be designed with garages at the rear of the units, so as to be consistent with the pedestrian-oriented character of these village areas and designed to minimize curb-cuts on public streets. In the R3 and R4 districts, all townhouses shall be encouraged to be designed with garages at the rear of the units or if located in the front of the units, then they shall be encouraged to be designed so that the garages do not protrude beyond the front building line. Townhouse buildings shall be designed with a maximum of five dwelling units in a row.

(h)

Home occupations. Prior to commencing operation, home occupations shall be required to obtain a business commencement license. They shall be subject to an annual inspection for health, safety and compliance purposes. In addition they shall be required to meet the following standards.

(1)

Only one nonresident of the premises may be employed to work at the premises.

(2)

The applicant for a permit must reside at the location of the proposed home occupation.

(3)

No exterior business signs shall be permitted, unless authorized by the sign regulations for the district.

(4)

No exterior storage or display of business equipment, materials, merchandise, inventory or heavy equipment shall be permitted.

(5)

The home occupation shall not generate excessive customer or delivery traffic.

(i)

Places of worship. Any applicant for such a special use will be required to demonstrate that said use will comply with on-site standards for parking and access and will not adversely affect neighboring uses. All such special uses shall include a standard to be met, a locational criteria providing that no place of assembly or worship shall be located any closer than 750 feet from a similar use, as measured from lot line to lot line, in order to avoid the traffic congestion which two such uses could reasonably expected to create.

All such special uses shall include a standard to be met, a locational criteria providing that no place of assembly or worship shall be located any closer than 750 feet from a similar use, as measured from lot line to lot line, in order to avoid the traffic congestion which two such uses could reasonably expected to create.

(j)

Adult uses. Adult uses shall be permitted as special uses only in the B2, B3 or M1 districts, subject to the licensing provisions of chapter 16 and only the following standards (the special use standards of article II shall not apply):

(1)

No adult use shall be located within 1,000 feet of any property which is zoned or used for residences, churches, schools or other adult uses.

(2)

No adult use shall be permitted to operate within 300 feet of the centerline of Torrence Avenue.

(3)

The adult use shall be so designed, located and proposed to be operated so that the health, safety, comfort, convenience and general welfare will be protected.

(4)

It will not cause substantial injury to the value of other property in the neighborhood in which it is located.

(5)

It will not unduly increase traffic congestion in the public streets and highways in the area in which it is located.

(6)

It will not cause the additional public expense for fire or police protection.

(7)

It will not substantially increase the possibility of criminal acts against persons and properties within 500 feet of such proposed special use or against persons who regularly use such properties.

(8)

No adult use shall be conducted in any manner that permits the observations of any material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window or other opening.

(k)

Cultural facilities, indoor and outdoor recreation, and indoor and outdoor amusement. Where allowed as permitted or special use, cultural facilities, indoor and outdoor recreation, and indoor and outdoor amusement establishments shall be designed in a manner such that the location of entrances, exits, exterior lighting, service areas, and parking and loading facilities will minimize traffic congestion, hazards to pedestrians, and adverse impacts on adjoining properties. Cultural facilities with an assembly space capacity of more than 600 people shall be located on an arterial or collector street, as defined by the comprehensive plan.

(l)

Wireless communications facilities. Wireless communications facilities shall be allowed as permitted and special uses, subject to the following standards.

(1)

Purpose.

a.

The purpose of this section is to provide specific regulations for the placement, construction, removal and modification of wireless telecommunication facilities. The provisions of this section are not intended, and shall not be interpreted, to prohibit, or have effect of prohibiting, the provision of personal wireless services, nor shall the provisions be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent wireless services.

b.

In order to accommodate the communication needs of residents and businesses while protecting the health, safety, comfort, convenience and general welfare of the community, the village finds that these regulations are necessary in order to:

1.

Facilitate the provision of wireless communication services to the residents and businesses of the village.

2.

Minimize adverse visual effects of towers through careful design and siting standards.

3.

Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements.

4.

Maximize the use of existing and approved towers, structures and water towers to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community.

(2)

Review requirements.

a.

Only collocation on previously approved existing towers/facilities, or replacement of previously approved existing towers/facilities with same or similar installation, with no additional height, shall be allowed without special use petitioning.

b.

Due to the rapid change in industry standards and technology of the wireless communication field, all requests for new, additional or changes to existing towers and facilities shall be subject to special use petitioning to the planning and zoning board of appeals. The planning and zoning board of appeals shall act in a reasonable time and manner to review and act upon all formal applications for wireless communications facilities as it does for other special use requests. The applicant will be responsible for applying and following procedures necessary for special use consideration.

(3)

Locational criteria.

a.

Wireless communication facilities shall be allowed in manufacturing and business districts in the village.

b.

These facilities shall not be allowed in residential districts, except for the location on government and school sites. Church sites may be approved, when camouflaged as steeples or bell towers. Park sites may be approved, when compatible with the nature of the park and approved by the Lan-Oak Park District. The location will further be restricted as to not interfere with the regular operations of the Lansing Municipal Airport and its existing and proposed flight patterns.

c.

Locational preference will be given to:

1.

Existing towers or public facilities, including water towers.

2.

Manufacturing and business districts.

3.

Government, school and park sites, when approved by the respective governmental body.

4.

Residential zoned sites not previously identified or restricted.

(4)

Collocation requirements. No newly proposed wireless communication facilities shall be approved unless the applicant demonstrates that the planned facility cannot be accommodated on an existing or approved tower or building within a reasonable technically feasible radius of the proposed facility. Demonstration can include the structural limitations of the existing facility, the mechanical incompatibility, the height needs of the proposed unit, and the nonavailability of existing facilities. Any newly proposed wireless communication facility shall be structurally and electrically designed in such a way as to accommodate at least one additional service provider antenna installation. Towers shall be designed to allow for further rearrangement and to accept antennas mounted at various heights. Any newly proposed facility applicant shall agree to cooperate with future applicants to accommodate collocation of facilities.

(5)

Setback requirements. Wireless communication facilities shall conform with the underlying setback requirements of the zoning district in which they are located. The facility shall not be installed in the front setback between the principal structure and the public right-of-way. In industrial districts, the facilities may be installed in the rear yard setbacks of industrial properties, provided the property abuts another industrially zoned property.

(6)

Height requirements. Wireless communication facilities shall conform with the underlying height requirements of the zoning district in which they are located.

(7)

Lighting requirements. Wireless communication facilities shall not be illuminated by artificial means and shall not display strobe lights, unless such lighting is specifically required by the Federal Aviation Administration or other similar authority. When incorporated into the approved design of the facility, light fixtures may be installed for the purpose of illuminating adjacent land uses such as parking lots, public spaces and park facilities.

(8)

Signs and advertising. The use of any portion of the wireless communication facility for advertising shall not be allowed.

(9)

Accessory utility buildings. All accessory utility buildings or structures shall meet the underlying zoning district's setback requirements and shall be architecturally designed and appropriately screened from view to complement the character of the surrounding land uses.

(10)

Construction commencement and completion. Applicants for construction or installation of personal communication facility shall begin construction of their facility within six months, and complete construction within 12 months, of being granted special use permission. The construction will only be allowed when the applicant demonstrates, at building permitting stage or before, the commitment of an actual user for the facility. Speculative construction of facilities will not be allowed.

(11)

Abandoned or unused facilities. All abandoned or unused facilities shall be removed within six months of the cessation of operation at the site, unless a time extension is granted by the building commissioner. A copy of the relevant portions of the ground lease referencing the arrangements for the removal must be submitted at application. Should the removal not be performed in the allotted time period, the village may take action to do so and the costs of removal will be assessed against the property.

(12)

Submittal requirements. An applicant shall be required to provide the submission items listed on the application.

(m)

Kennels. Kennels shall be permitted as special uses; provided they shall not create a public nuisance.

(n)

Major and minor automobile service and repair; automobile sales and rental, and gas stations.

(1)

Automobile sales, whether new or used, shall be located on a lot at least one acre in size. Gas stations with food sales or fast food restaurants shall provide parking for the food sales or restaurant area in addition to the parking required for the gas station.

(2)

Minor automobile service and repair shops, including gas stations, may not store vehicles on the site for longer than five-working days. Major automobile service and repair shops may not store vehicles on the site, unless the vehicles are screened by a solid, opaque wood screen fence or brick wall in the B2 and B3 districts. Gas pumps shall be erected no closer than 20 feet to any lot line and shall be located to service vehicles standing entirely on the premises. In addition, such uses shall comply with the following:

a.

The use shall not create obstructions to traffic circulation on public streets.

b.

The location of curb cuts shall be subject to approval by the village, or the appropriate governmental jurisdiction.

c.

All repair operations shall be fully enclosed, and wrecked or junked vehicles shall not be stored for longer time periods than those specified in this subsection.

(o)

Drive-through facilities. Drive-through facilities shall provide adequate stacking spaces in accordance with article XI of this chapter. In addition, all drive-through lanes shall be configured so as not to interfere with vehicle circulation on the site. The volume on all intercom menu displays shall be maintained at a level so as not to create a public nuisance for adjoining residential districts. The operator shall provided adequate on-site outdoor waste receptacles and shall provide daily litter cleanup along the rights-of-way abutting the property.

(p)

Planned developments. Planned developments shall be permitted as special uses, subject to the following standards.

(1)

Exceptions from use regulations. Uses not permitted in the zoning district may be permitted in planned developments; provided the proposed use exceptions:

a.

Enhance the quality of the planned development and are compatible with the principal use of the property.

b.

Are not of a nature, nor are so located as to create a detrimental influence on surrounding properties.

c.

Shall not cover more than 20 percent of the site area, nor more than 20 percent of the total floor area, whichever is less.

(2)

Exceptions from bulk regulations. To help achieve the intended benefits of the planned development exceptions from the bulk and intensity regulations for the applicable zoning district may be authorized; provided:

a.

The exception would be solely for the purpose of promoting a unified site plan.

b.

The overall floor area ratio of a residential planned development would not be exceeded by more than 15 percent of that prescribed in this article for the zoning district in which it is located.

c.

The minimum lot area per dwelling unit requirements of this article shall not be decreased by more than 15 percent in any such development containing residential uses and the minimum amount of land area required per dwelling unit within the planned development shall be maintained.

d.

The required spacing between principal buildings shall be at least equivalent to the required space as would be required for similar buildings developed on separate lots, with due consideration being given to the openness normally afforded by intervening streets and alleys.

e.

Along the periphery of planned developments, yards shall be provided as required by the applicable zoning district regulations.

(3)

All planned developments shall be developed in accordance with the recorded final plan and supporting documentation and data. No major changes shall be made during or after the development of the plan, as approved by the village board, unless the applicant applies for a major or minor change to the planned development.

a.

A major change shall require a public hearing for the plan commission and approval by the village board. the following shall be deemed "major changes"

1.

A change in the plan that alters the concept, intent, or overall character of the final development plan.

2.

A change in the transportation plan.

3.

An increase in building height and or non-residential floor area, greater than ten percent.

4.

An increase in the residential density greater than ten percent.

5.

A change in open space or amenities

b.

The planning and development director may approve minor changes in the planned development which do not change the concept or intent of the development and shall convey such decision to the planning and zoning board of appeals.

(q)

Outdoor seating. Outdoor seating, accessory to a restaurant or fast food restaurant, shall be a permitted or special use; provided that approval has been obtained from the planning and zoning board of appeals and the health department. The seating shall not be located in a required yard abutting any residential district and shall not interfere with the use of required parking spaces and aisles. Any property owner requesting outdoor seating located on a public sidewalk shall provide proof of insurance, naming the village as additionally insured in the form and amount acceptable to the village attorney.

(r)

Disposal. A sanitary landfill operation for the disposal of municipal garbage for the village shall only be permitted as a special use as authorized by this article in the M1 district by a two-thirds vote of the president and village board. Particular standards of operation of any sanitary landfill shall be written into said article with appropriate penalties for noncompliance.

(s)

Supportive living.

(1)

Supportive living is a relatively new concept which is an alternative to nursing home care for elderly or disabled persons. By combining apartment style housing with personal care and other services, residents are able to maintain their independence. Personal choice, dignity, privacy and individualism are provided.

(2)

Supportive living shall be allowed as a special use in R-4 general residential districts only.

(t)

Pay day loan stores. Pay day loan stores as that term is defined in the Pay Day Loan Reform Act (815 ILCS 122/1-10) shall not be a permitted use in any zoning district, but shall be a special use only in the business districts specified by the zoning ordinance.

(u)

Pawn shops, consignment shops, resale or thrift stores. Pawn shops, consignment shops and resale or thrift stores shall not be a permitted use in any zoning district, but shall be a special use only in the business districts.

(v)

Social services. Social services shall not be a permitted use in any zoning district, but shall be a special use only in the B-2 community, retail and services district.

In order to reduce the impact of traffic, no social service site may be located within 750 feet of any property which is zoned or used as a social services site as measured from lot line to lot line.

(w)

Medical cannabis cultivation center. A facility operated by an organization or business that is registered by the department of agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis. A registered cultivation center may not be located within 2,500 feet of the property line of a pre-existing public or private school or elementary or secondary school or day care center, day care home, group day care home, part day child care facility, or an area zoned for residential use.

(x)

Medical cannabis dispensing organization. A facility operated by an organization or business that is registered by the department of financial and professional regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients in accordance with the laws of the State of Illinois. A dispensing organization may not be located within 1,000 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, or part day care facility. A registered dispensing organization may not be located in a house, apartment, condominium or an area zoned for residential use.

(y)

Truck Parking. No zoning lot may be used solely for the parking and storage of trucks, including semi-trucks and trailers, unless associated and accessory to the primary use and operation on the property. Such zoning lot must be improved with a building/structure.

(Ord. of 5-1-2003, § 10.2; Ord. No. 11-010, §§ 2—6, 5-17-2011; Ord. No. 11-027, § 7, 8-16-2011; Ord. No. 14-011, § 1, 7-15-2014; Ord. No. 23-032, § 23, 8-15-2023)

Sec. 56-290. - Temporary uses.

(a)

General provisions. Every permitted temporary use shall comply with the limitations of this article. Except as expressly provided in this article, every temporary use shall comply with the bulk, space and yard regulations applicable in the zoning district in which the temporary use is located. Every temporary use shall comply with, and the village may impose, such other conditions as may reasonably be necessary to achieve the purposes of this chapter or to protect the public health, safety and welfare. No temporary use shall be permitted in any zoning district if it would have a significant negative impact on any adjacent property or on the area as a whole in which it is located. Temporary uses not specifically listed here may be allowed in any zoning district; provided that such temporary use is consistent with the purpose and intent of this chapter and of the zoning district in which it is located. Any such temporary use shall require the specific prior approval of the board of trustees. Every temporary use shall comply with all the requirements listed below.

(1)

No temporary use shall be permitted that causes, or threatens to cause, an on-site or off-site threat to the health, safety, comfort, convenience and general welfare.

(2)

No temporary use shall be operated, except in accordance with such restrictions and conditions as the fire department may require. If required by the village, the operator of the temporary use shall employ a fire watch team and appropriate security personnel.

(3)

No temporary use shall be permitted if the additional vehicular traffic reasonably expected to be generated by such temporary use would have undue detrimental effects on the surrounding streets and uses.

(4)

No temporary use shall be authorized that would, in the opinion of the planning and development director, unreasonably reduce the amount of parking spaces available for use in connection with permanent uses located on the lot in question. The planning and development director may make an assessment of the total number of parking spaces that will be reasonably required in connection with a proposed temporary use, on the basis of the particular use, its intensity and the availability of other parking facilities in the area. The director shall approve such temporary use only if such parking spaces are provided.

(5)

No temporary use shall be permitted if such use would conflict with another previously authorized temporary use.

(6)

Signs shall be permitted only in accordance with article XIII of this chapter.

(b)

Permitted temporary uses. The following shall be permitted uses.

(1)

Farm stands. Farm stands are allowed in any nonresidential district. No product may be exhibited or offered for sale, except the following which is produced or grown by the vendor:

a.

Fresh dairy goods;

b.

Fruits;

c.

Vegetables;

d.

Juices;

e.

Flowers;

f.

Plants;

g.

Herbs;

h.

Spices; and

i.

Baked goods made by the vendor.

(2)

Christmas tree sales. Christmas tree sales are allowed in any zoning district.

a.

Any such use shall be evaluated based on the adequacy of:

1.

The parcel size;

2.

Parking provisions;

3.

Traffic access; and

4.

The absence of undue adverse impact on other properties.

b.

Such use shall be limited to a period not to exceed 45 days.

c.

Display of Christmas trees need not comply with the yard requirements of this chapter.

(3)

Carnivals and circuses. Circuses and carnivals are allowed in any zoning district.

a.

Any such use shall be evaluated based on the adequacy of:

1.

The parcel size;

2.

Parking provisions;

3.

Traffic access; and

4.

The absence of undue adverse impact, including noise, on other properties.

b.

Such use shall be limited to a period not to exceed five days. No such use shall be permitted to operate before 9:00 a.m. or after 11:00 p.m.

c.

Such use need not comply with the yard requirements and the maximum height requirements of this chapter.

d.

The concessionaire responsible for the operation of any such use shall comply with all the requirements listed below:

1.

Submit in advance of the event date a site layout displaying adequate ingress and egress routes for emergency vehicles with no dead-end aisles.

2.

Provide fire extinguishers of a type, and at site locations, approved by the fire department, and provide and service refuse containers in the number and locations required by the building commissioner.

3.

Provide for a thorough cleanup of the site at the completion of the event.

4.

Upon written notice from the village, immediately stop the use of any amusement device or structure found by the village to pose a threat to the public safety.

5.

Provide proof that all amusement devices have been state inspected.

(4)

Sidewalk sales. Sidewalk sales are allowed in any nonresidential district when organized as an area-wide sidewalk sale with merchants on all abutting lots located in the same zoning district. No more than two such sales shall be permitted in any 12-month period and no such sale shall be permitted for a period of more than five successive days.

(5)

Indoor and outdoor arts, crafts, and plant shows, exhibits and sales. Such sales are allowed in any zoning district.

a.

Any such use shall be evaluated based on the adequacy of:

1.

The parcel size;

2.

Parking provisions;

3.

Traffic access; and

4.

The absence of undue adverse impact on other properties.

b.

Every such sale shall be limited to a period not to exceed three days.

(6)

Vendor carts and stalls. Vendor carts and stalls are allowed in any nonresidential district; provided that the cart or stall is accessory and adjacent to a use in the commercial district. Each cart or stall shall be located between the principal building and a public right-of-way and may not block a driveway or other point of emergency vehicular access to any property. The sale of any food items shall be subject to review by the health department.

(7)

House, apartment, garage and yard sales. Such sales are allowed in any residential district, but only when limited to, personal possessions of, or arts and crafts made by, the owner or occupant of the dwelling unit where the sale is being conducted. Such use shall be limited to a period not to exceed three consecutive days and no more than two such sales shall be conducted from the same residence in any 12-month period. Prior village approval shall be required for such uses.

(8)

Tents. Tents are allowed in any zoning district. No tent shall be allowed to remain for a period of more than two days longer than the period with which the use it is associated is allowed to remain or, in the absence of any such period, ten days. Unless waived in writing by the planning and development director, every tent shall comply with the bulk, space and yard requirements applicable to accessory uses pursuant to article IX of this chapter. However, the size and location of tents may be restricted where it is determined that they may create parking and/or access problems on the site.

(9)

Temporary contractor trailers and real estate model units. Contractor trailers and real estate model units are allowed in any zoning district when accessory to a construction project or a new development, respectively. Such use shall be limited to a period not to exceed the duration of the active construction phase of such project or the active selling and leasing of space in such development, respectively. Contractor trailers stored on the property of the contracting business shall be excluded from any time limitation. No such use shall contain any sleeping or cooking accommodations, except those located in a model unit. No such trailer, unit or office shall be used as the general office or headquarters of any firm.

(10)

Temporary storage trailers. Temporary storage trailers are not permitted in residential districts. Temporary storage trailers shall only be permitted when they are located within a loading dock or bay or are in the process of being loaded or unloaded within a designated loading area. However, temporary storage trailers shall be permitted as a special use only in business districts for temporary promotional purposes for durations of no more than one week, nor more than two times per year, and with written approval from the building commissioner. In the M1 or AT districts, temporary storage trailers shall be permitted, subject to the following standards.

a.

Storage trailers are not to be used for permanent storage. They shall not serve as a substitute for permanent storage needs for the business on the site on which it is located.

b.

Temporary storage trailers cannot be:

1.

Permanently attached to the ground;

2.

Serviced with permanent utilities; or

3.

Stacked on the site.

c.

They shall be inspected on a regular basis by the fire department to ensure the public safety, health and welfare of the village.

d.

If a business is in need of any additional accommodations for temporary storage trailers, they can request a variation from the planning and zoning board of appeals.

(11)

Temporary portable outdoor storage units.

a.

The use of temporary portable outdoor storage units is permitted in any zoning district in conjunction with a relocation or the process of moving in or out of a building or improved property, or in conjunction with the rehabilitation or remodeling of any building or improvement, which use shall not exceed 14 consecutive days, unless an appropriate extension has been secured from either the building commissioner or director of planning and development, in which case upon application and appropriate cause, said temporary portable storage units may be permitted for an additional seven days.

b.

All temporary portable storage units shall be placed only on private property and no portion of such unit shall be permitted on any public right of way or village property.

c.

All temporary portable storage units shall be placed only on hard surfaces such as asphalt or concrete. Temporary portable storage units may not be located on landscaped or unimproved surfaces, and may not be placed in such a fashion as to impede or obstruct the flow of drainage waters, nor to impede or obstruct emergency access to the property, access to utility services and utility shut offs or pedestrian or vehicle traffic.

d.

No temporary portable storage units shall be located in a manner which would obstruct the vision or site line or in any way endanger vehicular or pedestrian traffic or movements. Temporary portable storage units may not be placed across sidewalks or in such as fashion as to limit the access to the subject property.

e.

No more than one temporary portable storage unit may be placed parcel at any one time and the stacking of temporary portable outdoor storage units on top of or next to each other is strictly prohibited.

f.

Temporary portable storage units may be placed on a specific lot for no more than two occasions in any six-month period.

g.

Temporary portable storage units must be maintained in a clean and sightly condition, free from rust, peeling paint or other visible deterioration.

h.

Temporary portable storage units shall not be located on property owned by someone other than the person to whom a permit has been issued, unless the applicant submits evidence of the property owner's consent, in writing, at the time of making application for said permit.

i.

No temporary portable storage unit shall be permitted to exceed eight feet in width, eight feet in height or 16 feet in length.

j.

Temporary portable storage units may be used for temporary storage of personal property but shall not be used for occupancy or sleeping, housing of animals, housing or storage of firearms, housing or storage of hazardous or flammable materials or the storage of materials which are otherwise unlawful to possess such as fireworks or other unlawful materials or substances.

k.

Temporary portable storage units must be closed and secured from unauthorized access at all times when not under the direct supervision of the property representative.

l.

These regulations regarding temporary portable storage units are intended to include all containers, crates, boxes or other similar enclosures utilized for storage or transportation of goods or materials, with more than 216 cubic feet of storage space contained within, which are not permanent structures and which are not vehicles (e.g. portable self-storage boxes/containers or pods).

m.

Prior to locating any temporary portable storage unit at any location in the Village, it shall be necessary to secure a permit from the village building department. The fee for issuance of such a permit shall be determined from time to time by the village board of trustees.

(Ord. of 5-1-2003, § 10.3; Ord. No. 09-009, § 2, 5-19-2009)